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The Study Of Sea Carrier's Lien On Cargo(s)

Posted on:2005-07-10Degree:MasterType:Thesis
Country:ChinaCandidate:C Y PanFull Text:PDF
GTID:2166360152485171Subject:Law
Abstract/Summary:PDF Full Text Request
The topic of sea carrier's lien upon the cargo(s) has been a focussing problem— not only theoretically but also pragmatically, due to the ambiguity of law provisions and the limit of law theory—in China since the enaction of The Maritime Law of P.R.C(Maritime Law) in 1993. This article is to discuss this lien provided by the Maritime Law. It will articulate in 4 chapters several questions of lien, such as what it means, where it comes from and whether there is any difference between the lien on the cargo(s) at carriage by sea and that in the civil law sense.The sea carrier's lien on cargo(s) is a gradually developing system in China. The first chapter of this article is to briefly introduce the development history of lien in China, where the author divides it into 3 phrases, which are symbolized by the application of the Contract Law of P.R.C and the Interpretation of Guarantee Law. Chapter 2 is a detailed comparative description of the sea carrier's lien system in civil legal system countries, summing up the underlying purpose of this system. The author will then discuss in detail in chapter 3 the sea carrier's lien on cargo(s) in China, including its resources, characters, compositions and application. The article asserts that the sea carner's lien on cargo(s) in China is deprived from the Possessory Lien in English property guarantee law, which is different from the lien in civil legal system. So it can only be understood and interpreted correctly on the basis of the lien in common law legal system rather than that in the civil legal system. On the base of comparative discussion the author suggests in the last chapter how to improveperfectly the sea carrier's lien on cargo(s) in China. The article finds that the sea carrier's lien on cargo(s) are surprisingly similar in both the civil legal system and common lav/ system though other civil liens are dramatically different. The author concludes that the sea carrier's lien on cargo(s) is a more globalized aspect of law. The provisions of Article 87 and 88 of China Maritime Law should be amended to meet such kind of globalization.
Keywords/Search Tags:Sea Carrier's Lien on Cargo, Requisites of Lien, Legal Proceeding
PDF Full Text Request
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